Ulrich Magnus (ed.) The Impact of Social Security Law on Tort Law
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1 Ulrich Magnus (ed.) The Impact of Social Security Law on Tort Law With Contributions by Francisco Gömez Abelleira Konstantinos Kremalis Willem H. van Boom Javier Lete Suzanne Carval Richard Lewis Giovanni Comande Ulrich Magnus Herman Cousy C. Edgar du Perron Dimitri Droshout Dianora Poletti Michael Faure Maria Paz Garci'a Rubio Jörg Fedtke Alexandra Rumo-Jungo Consuelo Regueiro Ferreiro Evagelia Skyllakou Ton Hartlief Zoe Spyropoulos Wolfgang Holzer Lotta Wendel SpringerWienNewYork
2 Introduction 1 Questionnaire 3 List of Contributors 6 Country Reports 7 Austria (W. Holzer) 7 Part 1: Questions 7 I. General Questions 7 II. Social Security Protection for Personal Injuries 9 III. Relationship Between Tort Law and Social Security Law 11 Part 2: Cases 24 Belgium (H. Cousy and D. Droshout) 27 Partl: Questions 27 I. General Questions 27 II. Social Security Protection for Personal Injuries 35 III. Relationship Between Tort Law and Social Security Law 38 Part 2: Cases 52 England and Wales (R. Lewis) 56 Part 1: Questions 56 I. General Questions 56 II. Social Security Protection for Personal Injuries 58 III. Relationship Between Tort Law and Social Security Law 61 Part 2: Cases 70 France (S. Carval) 74 Partl: Questions 74 I. General Questions 74 II. Social Security Protection for Personal Injuries 75 III. Relationship Between Tort Law and Social Security Law 76 Part 2: Cases 83
3 VIII Table of Contents Germany (J. Fedtke and U. Magnus) 86 Part 1: Questions 86 I. General Questions 86 II. Social Security Protection for Personal Injuries 91 III. Relationship Between Tort Law and Social Security Law 96 Part 2: Cases 113 Greece (K. Kremalis, E. Skyllakou and Z. Spyropoulos) 116 Partl: Questions 116 I. General Questions 116 II. Social Security Protection for Personal Injuries 120 III. Relationship Between Tort Law and Social Security Law 124 Part 2: Cases 131 Italy (G. Comande and D. Poletti) 134 Partl: Questions 134 I. General Questions 134 II. Social Security Protection for Personal Injuries 137 III. Relationship Between Tort Law and Social Security Law 140 Part 2: Cases 145 The Netherlands (C. E. du Perron and W. H. van Boom) 149 General Introduction 149 Partl: Questions 150 I. General Questions 150 II. Social Security Protection for Personal Injuries 153 III. Relationship Between Tort Law and Social Security Law 155 Part 2: Cases 162 Spain (M. Paz Garcia Rubio, J. Lete, F. J. Gömez Abelleira and C. R. Ferreiro) 165 Part 1: Questions 165 I. General Questions 165 II. Social Security Protection for Personal Injuries 168 III. Relationship Between Tort Law and Social Security Law 170 Part 2: Cases 174 Sweden (L. Wendel) 176 Partl: Questions 176 I. General Questions 176 II. Social Security Protection for Personal Injuries 179 III. Relationship Between Tort Law and Social Security Law 181 Part 2: Cases 185
4 IX Switzerland (A. Rumo-Jungo) 188 Partl: Questions 188 I. General Questions 188 II. Social Security Protection for Personal Injuries 197 III. Relationship Between Tort Law and Social Security Law 202 Part 2: Cases 217 Economic Analysis (M. Faure andt. Hartlief) 222 I. Introduction 222 II. Principles 224 III. Liability and Insurance Versus Social Security: Different Approaches 229 IV. The Relationship Between Tort and Social Security: A Changing Landscape 241 V Further Reforms: Alternatives for Liability (Insurance)? 251 VI. Relationship Between Tort and Social Security: RightofRecourse 255 VII. Concluding Remarks 263 Comparative Report (U. Magnus) 266 I. Survey of the Contents and Method of the Comparative Report 266 II. Historical Background 267 III. General Questions 268 l.definitions Comparison of Social Security Systems The Scopeof Social Security Benefits The Scope of Protection Through Social Security Law for Personal Injuries Protected Population Groups and Reasons for Differentiations Social Security Coverage for Injuries Caused by Others Financing of Social Security Protection 275 IV. Distinction Between Tort Law and Social Security Law General Dividing Line Between Tort Law and Social Security Law Functional Differences 278 V. Relationship Between Tort Law and Social Security Law Replacement of Tort Law Significant Differences between Social Law and Tort Law Concerning Core Elements of Compensation Different Levels of Compensation? The Recourse Problem Bulk Recovery Agreements Further Problems of the Interplay Between Social Security Law and Tort Law Mutual Impacts 295
5 8. Figures 296 VI. Reform Considerations 297 VII. Comparison of the Solutions Given to the Hypothetical Cases Case 1: Mutual Working Site Case 2: Cyclist Case Case 3: The Careless Employer Case 4: The Contributorily Negligent Employee 302 VIII. Final Conclusions 303 Index 307 ECTIL Publications 313
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